Dear Readers:
As we embark on 2019, we are, as has become the norm, in the middle of immigration battles in Washington. The country just went through the longest government shutdown in our history, and the main issue in contention was a $5 billion down payment on a border wall. The President gave up that fight to allow Congress a couple of weeks to negotiate a compromise, but it’s very possible that we’ll be in the same place in a couple of weeks. One of the issues that may be on the table is the fate of DACA and Temporary Protected Status (TPS). More than a million people are affected by the shutdown of those programs and a major question looming (aside from how to placate the President and Republicans on border security) is what will happen with those programs. Many are expecting Democrats to press hard for permanent solutions rather than relying on the courts.
ABCs of Immigration: Social Security No-Match Letters
August 2007 saw United States Immigration and Customs Enforcement (ICE) released a long-awaited no-match letter regulation. After being quickly challenged in court, the regulation was barred from going into effect by a federal district court. 2 years later, in 2009, the regulation was rescinded by the Department of Homeland Security (DHS), and the Social Security Administration (SSA), furthermore, stopped issuing no-match letters until April 6, 2011. These no-match letters, however, were not under the 2007 regulation, and therefore failing to act on a letter did not constitute constructive knowledge. Budgetary reasons dictated the discontinuation of these no-match letters, which ended in August 29, 2011 and has not since resumed.
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QUESTION: Is there a specific amount of time that a green card holder can spend outside the US without abandoning their green card?
Border and Enforcement News
ICE Arrests 163 in Recent Enforcement Actions in New Jersey, New England
In several recent enforcement actions, U.S. Immigration and Customs Enforcement (ICE) arrested 163 people in New Jersey and the New England region of the United States. Following are highlights:
New Jersey. ICE arrested 105 people in a New Jersey operation targeting criminal aliens and public safety threats, the agency reported. Four individuals in the United States without authorization who have Interpol warrants based on crimes they committed in their home countries were among the 105 foreign nationals taken into custody during a five-day operation in New Jersey (and including two individuals arrested in New York). The action was spearheaded by ICE’s Enforcement and Removal Operations (ERO) and targeted “at-large criminal aliens, illegal re-entrants and other immigration violators.” It was supported by ICE’s Homeland Security Investigations (HSI) and U.S. Customs and Border Protection’s (CBP) New Jersey Field Office.
News from the Courts
Third Circuit Court of Appeals Holds Wire Fraud Conviction Was Crime Involving Moral Turpitude
The Third Circuit Court of Appeals partially denied and dismissed a petition for review put forth by Chiao Fung Ku, which sought review for of a Board of Immigration Appeals (BIA) final order of removal. The BIA reached the conclusion that Ku’s prior conviction of wire fraud constituted both an aggravated felony, since the fraud resulted in the victim losing more than $10,000, as well as a crime involving moral turpitude. Both of these conclusions rendered her ineligible for an adjustment of status. The BIA in rendering the decision reversed the Immigration Judge’s decision, granting Ku a waiver of inadmissibility due to extreme hardship resulting from her deportation.
News Bytes
USCIS Launches New Online Fee Calculator
USCIS Launches New Online Fee Calculator U.S. Citizenship and Immigration Services (USCIS) has launched the Online Fee Calculator to assist in calculating the correct fee amount to include when filing forms with USCIS at an agency Lockbox facility.
USCIS said it developed the new Online Fee Calculator to help reduce the number of applications rejected due to incorrect fee amounts. Fee issues, including incorrect fee amounts, are consistently a leading cause of rejection. For applications that require fees, USCIS rejects forms submitted with an incorrect payment amount. The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.
In the News from ABIL
Begin Work on H-1B Petitions Now, ABIL Attorneys Urge; H-1B Tips for Employers
Alliance of Business Immigration Lawyers (ABIL) attorneys recommend that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for fiscal year (FY) 2020 cap-subject H-1B visas. Annual demand typically far outstrips availability, so the visas are snapped up immediately.
Updates from the Visalaw.com Blogs
Greg Siskind’s Blog on ILW.com
Bruce Buchanan’s Blog on ILW.com
For a complete list of new blog posts click here.
State Department Visa Bulletin: February 2019
To view the February 2019 Visa Bulletin from the State Department click here.
